Insight

Domestic vs. International Adoption

Which one is right for you?

Adoption
Jennifer Fairfax

Jennifer Fairfax

June 30, 2016 12:00 AM

A domestic adoption is controlled by laws in the United States, while international adoption is controlled by the laws of the child’s country of origin. While seemingly straightforward, the differences can be overwhelming. Accordingly, it is helpful to first understand the conditions for each, recognizing that adoptive family demographics play a role in the process. Internationally, countries set requirements for adoption around age, body mass index, marital history, and mental health history. Thus, if the adoptive parent(s) does/do not meet the requirements, they would not be able to proceed. Domestically, other than barrier crimes or something indicating that the family is not prepared to adopt or parent a child, there are few things that can prohibit a family from seeking to adopt a child.

Adoption is a wonderful way to build a family, and starting with a solid knowledge foundation is vital.

There are predictable timelines and expectations for international adoption. While home studies are conducted for both types, the process deviates considerably once the study is completed. With an international adoption, the family is placed on a traditional “waiting list,” and the adoption is put into motion once the family reaches the top of the list. With a domestic adoption, there are no traditional waiting lists. Rather, families create profiles, network, and market themselves (either privately or with an agency), in hopes of being selected by a birth parent. The family, with the help of an attorney or agency, must navigate the different laws of each state involved. As examples, some states prohibit advertising or prohibit private adoption; other states allow biological parents weeks after placement to change their minds, while others only give hours or days. Adoptive parents can adopt in months or years, depending on their profiles, marketing, and outreach, so the timing for a domestic adoption is unpredictable.

The age and information about the child being adopted is another factor to consider. With an international adoption, the child to be adopted is most likely an older infant or toddler versus a newborn with a domestic adoption. In most domestic adoptions, the biological parent(s) provide a written social and medical history that goes back generations. Additionally, the prenatal and delivery records are available to the adoptive parents. In contrast, an international adoption usually does not provide social or medical history on the child, although current medical tests and evaluations are provided.

Adoptive parents can adopt in months or years, depending on their profiles, marketing, and outreach, so the timing for a domestic adoption is unpredictable.

Another key difference is the relationship with the child’s biological parents. In an international adoption, it is unlikely the adoptive parents will meet the child’s biological relatives; although, they may have an ongoing obligation through their agency to send an update to the child’s country of origin. Comparatively, most domestic adoptive parents meet the child’s biological parent(s), whether in person or over the phone. They may also have a post-adoption contact agreement allowing for pictures, letters, and updates as the child grows up. This involved relationship is in stark contrast to international adoption, so the legal landscape is different. Domestically, a family must be prepared to negotiate with the biological parent(s). The adoptive parent(s) must then abide by the terms of the agreement, often enforceable by a court.

There are many important differences on the path to parenthood through adoption. Learning about all the implications of the path chosen is a critical first step. Adoptive parents should meet with experienced professionals to get the facts and learn nuances about each avenue, and to understand what the road ahead will look like. Adoption is a wonderful way to build a family, and starting with a solid knowledge foundation is vital.

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

How to Create High-Converting Landing Pages for Your Law Firm


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates